Recent Supreme Court rulings on marriage equality and religious objections to contraception have obscured the legacy of Eisenstadt v. Baird, the 1972 case that promised to change the course of family law. In extending constitutional protection to unmarried persons' access to birth control, Eisenstadt heralded a new family law that would be more inclusive, liberatory, sex-positive, and feminist than its predecessors. Although several forward-looking shifts in family law can trace their roots to this case and it lives on in today's jurisprudence, Eisenstadt's full transformative potential has been forgotten, if not co-opted, in service of a narrow and largely traditional agenda.
Susan F. Appleton,
The Forgotten Family Law of Eisenstadt v. Baird,
Yale J.L. & Feminism
Available at: https://digitalcommons.law.yale.edu/yjlf/vol28/iss1/1